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BUTLER v. DEPUY

No. 04-101.

876 So.2d 259 (2004)

Wanda Faye BUTLER, et al. v. Miguel A. DePUY, Jr., M.D.

Court of Appeal of Louisiana, Third Circuit.

June 9, 2004.

Attorney(s) appearing for the Case

Robert Hairford, Baton Rouge, LA, for Plaintiffs/Appellants, Wanda Faye Butler, Mirian Eileen Hertzler, Gertherd Olen Ashworth, Jr., Prentice Edward Ashworth, Rebecca L. Stanley, Calvin William Ashworth, Nina June Howard, Sharon Ruth Woodard, Lynn Jackson Ashworth, Marvin Wendell Ashworth.

John E. Bergstedt, The Bergstedt Law Firm, Lake Charles, LA, for Defendant/Appellee, Miguel A. DePuy, Jr., M.D.

Court composed of JIMMIE C. PETERS, MICHAEL G. SULLIVAN, and JOHN B. SCOFIELD, Judges.

SULLIVAN, Judge.

Plaintiffs, the adult children of Thelma Ashworth, filed this medical malpractice action, alleging that the negligence of Dr. Miguel A. DePuy, Jr. resulted in their mother's death.1 They appeal the dismissal of their suit on summary judgment. For the following reasons, we affirm.

Facts and Procedural History

On February 1, 1999, Dr. DePuy, a cardiologist, attempted to implant a pacemaker in Mrs. Ashworth...

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